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2022 Supreme(Bom) 640

V. M. DESHPANDE, AMIT B. BORKAR
Pankaj S/o. Nandlal Agrawal (Mehadia) – Appellant
Versus
State of Maharashtra through PSO Sitabuldi, Nagpur – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Anil Mardikar, a/w. Shri P. V. Navlani & Shri Rommill Jain, Advocate
For the Respondent:Shri T. A. Mirza, Shri Anilkumar Mulchandani, Advocate

JUDGMENT :

AMIT B. BORKAR, J.

1. Heard.

2. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

3. The question that arose during the course of hearing this application is of seminal importance for the legal profession. Therefore, we have heard the parties to the application and Shri Anilkumar Mulchandani @ Anil S/o. Shankarlal Mulchandani, Advocate. Therefore, to appreciate the contention, we would present the factual backdrop as under:-

    The applicants have filed the present application invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure challenging the registration of the First Information Report No. 509/2021 dated 02.11.2021 registered with the non-applicant no. 1- Police Station for the offence punishable under Sections 420, 406, 409 and 120B of the Indian Penal Code read with Section 3 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999. The sum and substance of the averments made in the application are to the effect that the applicants and the non-applicant no. 3 have resolved their dispute amicably, and therefore the Court proceedings initiated against the applicants are

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